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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 34273
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I need to stop spousal support. I Filed EX PARTE but Judge

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i need to stop spousal support
JA: What steps have you taken? Have you filed any papers in family court?
Customer: i Filed EX PARTE but Judge denied it pending hearing
JA: Family law varies by state. What state are you in?
Customer: california
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Good evening. What is the basis for which you want to stop paying it?

Customer: replied 4 months ago.
just became aware of an order through a letter from my retirement from social security,apparently there has been an order from a 15 years old divorce that I was never served or notified.
I went to court and filed an EX Parte motion to stop it but the Judge denied it pending a hearing.
My personal expenses are more than my retirement

So you were ordered to pay support 15 years ago and never knew?

Customer: replied 4 months ago.
Customer: replied 4 months ago.
I never heard from her in last 16 years

So they are trying to garnish it?

Customer: replied 4 months ago.
starting next month

And how did you never know that it was ordered?

This is a very odd situation. If it was ordered 15 years ago, when you divorced, one would assume that the order would have stated it AND/OR she would have gone after you to enforce it. It is possible she could not find you and now that you have SS retirement, she can try and garnish it to enforce the order, so you do need to show good cause and a legal basis, as to why she would not be entitled to it. This is something that does need a hearing and you need to explain to the Judge and show why you should not have to pay it. Another issue is if you owe the back payments, for all this time.

Customer: replied 4 months ago.
lost the business in chapter 11 and left the city for good.never revived any notification.she moved to overseas and sold my properties there and lived happily

If you left the city, she may have sought it but could not find you but it is odd that it just popped up now, unless she did try and go after you and now that you have money to garnish, she is trying to do so.

Customer: replied 4 months ago.
exactly,i searched the order on court web site she has been after me but just a few months ago she saw retirement money somehow and revive the order and now i got notified through social security and since it will harm my financial I rushed to court to stop it!

How long was it ordered for? Do you know if she remained single ?

Customer: replied 4 months ago.
don,t know for how long,my information is only what my daughter tells me:she stayed single but living overseas i could never verify the true story.I know from sale of my assets she lived okay financially.

It needs to be looked into. For this to be stopped, you would need to show you have no legal obligation to pay what was ordered, 15 years ago and that is going to be hard to do. I say this because you were divorced and if you were at the hearing, you should have received a copy of the final order. It would appear she has tried to find you over the years, to get what she is owed, so you would need to show why she is not entitled to this and why the order should be dismissed.

Customer: replied 4 months ago.
what is the best approach:my income now is less than my expenses and the 15 years ago order was when I owned nusiness.

I have a feeling the Judge is going to require she be present and heard. I think the issue is that the money is still owed, was never paid and you need to explain why she is not entitled to what was ordered. Yes, you can certainly show a material change and hardship and see if this can be reduced or modified but it would be ideal if you knew what she was doing all this time and why you 1) never knew of this or received the order if you were present when divorced and2) what efforts she had made to try and find you.

Customer: replied 4 months ago.
you think i need a lawyer or i can represent myself? I do not know at present time where she lives.

Yes, you certainly do for something like this. While you may want the order to stop, she is entitled to be heard and has a right to it, so just because you do not know where she is, the Judge is going to want to see you tried to find her.

Customer: replied 4 months ago.
do you kow of any attorney in Orange County California that reasonable and works with seniors like me

You can contact Legal Aid and see if they can help and I have provided their link below.

http://www.legal-aid.com/services/referrals-to-partner-agencies/lrs/

Also, the Bar Association.

http://lrisoc.org/

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